(a) A defendant convicted of a class A misdemeanor may be sentenced to a definite term of imprisonment of not more than one year.

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $25,000
Class B misdemeanorup to 90 daysup to $2,000
For details, see Alaska Stat. § 12.55.135
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Terms Used In Alaska Statutes 12.55.135

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • peace officer: means
    (A) an officer of the state troopers. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) A defendant convicted of a class B misdemeanor may be sentenced to a definite term of imprisonment of not more than 90 days unless otherwise specified in the provision of law defining the offense.
(c) A defendant convicted of assault in the fourth degree that is a crime involving domestic violence committed in violation of the provisions of an order issued or filed under Alaska Stat. § 12.30.027 or Alaska Stat. § 18.66.100 – 18.66.180 and not subject to sentencing under (g) of this section shall be sentenced to a minimum term of imprisonment of 20 days.
(d) A defendant convicted of assault in the fourth degree or harassment in the first degree who knowingly directed the conduct constituting the offense at

(1) a uniformed or otherwise clearly identified peace officer, firefighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responder or medical professional who was engaged in the performance of official duties at the time of the assault or harassment shall be sentenced to a minimum term of imprisonment of

(A) 60 days if the defendant violated Alaska Stat. § 11.41.230(a)(1) or (2) or Alaska Stat. § 11.61.118;
(B) 30 days if the defendant violated Alaska Stat. § 11.41.230(a)(3);
(2) a person who was on school grounds during school hours or during a school function or a school-sponsored event, on a school bus, at a school-sponsored event, or in the administrative offices of a school district, if students are educated at that office, shall be sentenced to a minimum term of imprisonment of 60 days if the defendant violated Alaska Stat. § 11.41.230(a)(1) or (2); in this paragraph,

(A) “school bus” has the meaning given in Alaska Stat. § 11.71.900;
(B) “school district” has the meaning given in Alaska Stat. § 47.07.063;
(C) “school grounds” has the meaning given in Alaska Stat. § 11.71.900.
(e) If a defendant is sentenced under (c), (d), or (h) of this section,

(1) execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;
(2) imposition of a sentence may not be suspended except upon condition that the defendant be imprisoned for no less than the minimum term of imprisonment provided in the section; and
(3) the minimum term of imprisonment may not otherwise be reduced.
(f) A defendant convicted of vehicle theft in the second degree in violation of Alaska Stat. § 11.46.365(a)(1) shall be sentenced to a definite term of imprisonment of at least 72 hours but not more than one year.
(g) A defendant convicted of assault in the fourth degree that is a crime involving domestic violence shall be sentenced to a minimum term of imprisonment of

(1) 30 days if the defendant has been previously convicted of a crime against a person or a crime involving domestic violence;
(2) 60 days if the defendant has been previously convicted two or more times of a crime against a person or a crime involving domestic violence, or a combination of those crimes.
(h) A defendant convicted of failure to register as a sex offender or child kidnapper in the second degree under Alaska Stat. § 11.56.840 shall be sentenced to a minimum term of imprisonment of 35 days.
(i) If a defendant is sentenced under (g) of this section,

(1) execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;
(2) imposition of sentence may not be suspended;
(3) the minimum term of imprisonment may not otherwise be reduced.
(j)[Repealed, Sec. 179 ch. 36 SLA 2016.]
(k) In this section,

(1) “crime against a person” means a crime under Alaska Stat. Chapter 11.41, or a crime in this or another jurisdiction having elements similar to those of a crime under Alaska Stat. Chapter 11.41;
(2) “crime involving domestic violence” has the meaning given in Alaska Stat. § 18.66.990;
(3) “medical professional” means a person who is an advanced practice registered nurse, anesthesiologist, chiropractor, dental hygienist, dentist, health aide, nurse, nurse aide, mental health counselor, osteopath, physician, physician assistant, psychiatrist, psychological associate, psychologist, radiologist, surgeon, or x-ray technician, or who holds a substantially similar position.
(l)[Repealed, Sec. 138 ch 4 FSSLA 2019.]
(m)[Repealed, Sec. 138 ch 4 FSSLA 2019.]
(n)[Repealed, Sec. 138 ch 4 FSSLA 2019.]
(o)[Repealed, Sec. 138 ch 4 FSSLA 2019.]
(p)[Repealed, Sec. 138 ch 4 FSSLA 2019.]
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